Text: HF02469                           Text: HF02471
Text: HF02400 - HF02499                 Text: HF Index
Bills and Amendments: General Index     Bill History: General Index

House File 2470

Partial Bill History

Bill Text

  1  1    Section 1.  NEW SECTION.  730.6  PUBLIC SAFETY EMPLOYEES –
  1  3    1.  For purposes of this section, "public safety employee"
  1  4 means an employee of a city who is a fire fighter, a peace
  1  5 officer as defined in section 801.4, or an emergency medical
  1  6 care provider as defined in section 147A.1.
  1  7    2.  Notwithstanding the provisions of section 730.5 to the
  1  8 contrary, an employer of public safety employees may elect to
  1  9 require public safety employees of the employer to submit to
  1 10 drug and alcohol testing pursuant to a written policy adopted
  1 11 by the employer and applicable to all such employees.  The
  1 12 written policy shall establish procedures and standards for
  1 13 drug and alcohol testing of public safety employees which
  1 14 shall be consistent with the procedures and standards
  1 15 established for drug and alcohol testing of employees under
  1 16 the federal Omnibus Transportation Employee Testing Act of
  1 17 1991.
  1 18    3.  The written policy shall provide that upon receipt for
  1 19 a public safety employee of the first confirmed positive drug
  1 20 or alcohol test result, the employer shall provide the public
  1 21 safety employee with a substance abuse evaluation, and
  1 22 treatment if recommended by the evaluation, with costs
  1 23 apportioned as provided under the employee benefit plan or at
  1 24 employer expense, if an employee benefit plan is not in effect
  1 25 which apportions costs.  The employer shall take no
  1 26 disciplinary action against the public safety employee upon
  1 27 receipt of the first confirmed positive drug or alcohol test
  1 28 result if the public safety employee undergoes a substance
  1 29 abuse evaluation, and if the public safety employee
  1 30 successfully completes substance abuse treatment if treatment
  1 31 is recommended by the evaluation.  However, if a public safety
  1 32 employee fails to undergo substance abuse evaluation when
  1 33 required as a result of a drug or alcohol test, fails to
  1 34 successfully complete substance abuse treatment when
  1 35 recommended by an evaluation, or fails to pass subsequent drug
  2  1 or alcohol tests as provided in the written policy, the public
  2  2 safety employee may be disciplined up to and including
  2  3 discharge.  The substance abuse evaluation and treatment
  2  4 provided by the employer shall take place under a program
  2  5 approved by the department of public health or accredited by
  2  6 the joint commission on the accreditation of health care
  2  7 organizations.  
  2  8                           EXPLANATION
  2  9    This bill permits cities to elect to require drug and
  2 10 alcohol testing of public safety employees.  The bill defines
  2 11 public safety employees as an employee of a city who is a fire
  2 12 fighter, a peace officer as defined in Code section 801.4, or
  2 13 an emergency medical care provider.  The bill further provides
  2 14 that a city which elects to require drug and alcohol testing
  2 15 shall establish a written policy governing testing procedures
  2 16 which shall be consistent with the requirements for drug and
  2 17 alcohol testing under the federal Omnibus Transportation
  2 18 Employee Testing Act of 1991.  In addition, the bill provides
  2 19 that the written policy shall require rehabilitation of a
  2 20 public safety employee following a first positive drug or
  2 21 alcohol test and that the costs of the rehabilitation be
  2 22 apportioned pursuant to the applicable employee benefit plan
  2 23 or, if no such plan exists, at employer expense.  If the
  2 24 public safety employee fails a second or subsequent test, or
  2 25 fails to comply with the rehabilitation, the city may
  2 26 discipline the employee up to and including discharge.  
  2 27 LSB 1668HV 77
  2 28 ec/cf/24

Text: HF02469                           Text: HF02471
Text: HF02400 - HF02499                 Text: HF Index
Bills and Amendments: General Index     Bill History: General Index

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